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Written Answers — Youth Diversion Projects: Youth Diversion Projects (31 Mar 2010)

Barry Andrews: Participant numbers in Garda Youth Diversion Projects for 2007 and 2008 were as follows:- Period Participants Jan - June 2007 3106 July - Dec 2007 3661 Jan - June 2008 3809 July - Dec 2008 4457 It should be noted that many of the participants attend across these time periods. The statistics for 2009 are currently being compiled.

Written Answers — Youth Diversion Projects: Youth Diversion Projects (31 Mar 2010)

Barry Andrews: The Annual Reports of the Committee appointed to monitor the effectiveness of the Garda Diversion Programme include details, by Garda Division, of the number of children referred to the Programme each year. The reports for period 2004 -2008 are available on the website of the Irish Youth Justice Service (www.iyjs.ie). I hope to be a position to publish the report for 2009 in the near future.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: ): This amendment relates to the enactment of the Health (Miscellaneous Provisions) Act 2009 and I will accept it.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The provision of special care has been the subject of considerable research in recent years, including last year, when the Children Acts Advisory Board commissioned an independent report, which will provide an overview of the applications for admission to special care made by the HSE's local health officers. It traces and tracks outcomes for the children who were the subject of such...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I agree that we want to adhere to and surpass the best international practice. There is no reason we should not since we are an advanced industrialised nation that probably knows more about the damage that can be done to children in institutions than any other country. We want to learn not only from the past but also from our neighbours. We also want to surpass the high standards we have...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I will ask it to examine international comparisons. We are learning something from our neighbouring jurisdictions regarding the co-location of high-support and special care services on our various campuses.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I will represent the idea to the HSE but I cannot speak on the HSE's behalf.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I cannot second-guess the decision to disallow the proposed amendment and I am slightly restricted in what I can say. The existing section 5 of the 1991 Child Care Act talks about suitable accommodation. It does not go into the detail of laundry facilities, toilets, wash basins or recreational facilities, which are all very admirable and things we would expect. In order to reflect what we...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I simply commented, by way of an aside, that it was unusual the amendment restricted itself to accommodation standards. If one is to include such details in legislation, why would one restrict oneself to accommodation standards? That is why it would be more appropriate not to include such detail in primary legislation.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I am sympathetic to the points that have been made. As Senators Norris and Fitzgerald said, language has a capacity to effect change. I also believe that. However, the proposed amendment underlines the difficulty of the situation in that it is proposed to substitute the word "rehabilitation", which implies some previous wrongdoing. The capacity of the criminal justice system to...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I do not know.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The debate is a very useful one because it underlines the difficulties in this area. As Senator Alex White said, one does not want to include particular language in the Bill for the sake of it and to make it sound less than it really is. There needs to be precision and clarity about what is meant and what we are trying to achieve in this legislation. Special care is a unique form of care...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: All placements should be secure.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: How does it distinguish that? That is the difficulty.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Amendment No. 5 to section 23B(3), as inserted by section 9 of the Bill, corrects an error in the first print of the Bill and in this respect inserts the word "out". Amendment No. 7 to section 23D(5)(c), as inserted by section 9 of the Bill, corrects an error in the first print of the Bill and in this respect deletes a misplaced comma. Amendment No. 11 to section 23ND(1)(e)(iii), as...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The effect of this amendment to section 23B(5) and (6) is to ensure the HSE retains more responsibility than was previously provided for in the published Bill in respect of children who are the subject of a special care order and where such special care is being provided in a unit which is subject to an arrangement under section 38 of the Health Act 2004. This amendment is in accordance with...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: My information is that special care is not provided other than by the HSE. Section 38 of the 1994 Health Act allows such care to be provided other than by the HSE from time to time. The section is facilitative and anticipates that in certain circumstances a child with highly specific needs may, from time to time, avail of services outside the State, for example, in the United Kingdom. The...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: On Senator O'Malley's question, section 38 of the Health Act 1994 provides that the Health Service Executive may enter into an arrangement with a person to provide a special care unit. The amendment proposes that, in circumstances where a private provider is involved in the care of a child, the HSE will retain control over treatments, applications for passports and other matters for which a...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Senator O'Malley pointed out that a child might become a flight risk if he or she becomes aware that consideration is being given to an application for a special care order. We have to understand that the High Court, rather than the HSE, makes special care orders. That is what this legislation is all about. Clearly, there are circumstances in which the parent or guardian of a child might...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: No. This relates to a pre-court consideration by the HSE. The appointment of a guardian ad litem, which is dealt with later in this legislation, happens when an actual court case is in-----

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